CBM Ministries of South Central Pennsylvania v. Pennsylvania Department of Transportation and Pennsylvania State Police

Filing 66

ORDER: In accord with the accompanying Memorandum 65 ; 1. Dfts mtn 45 for summary jgmnt is GRANTED as to pltfs constitutional claims at Counts III and IV and is otherwise DENIED.2. Pltfs mtn 49 for summary jgmnt is DENIED.3. Jgmnt is ENTERED in favor of dfts in accord with pgrph 1 above.4. Pltfs claim for declaratory judgment under the federal Declaratory Judgment Act, 28 U.S.C. § 2201, is DISMISSED without prejudice to pltfs right to reframe and reinstate the claim under the Pennsylva nia Declaratory Judgments Act, 42 CONS. STAT. § 7531 et seq.5. The court declines to exercise supplemental jurisdiction over pltfs remaining claim under Pennsylvanias Religious Freedom Protection Act, 71 PA. STAT. AND CONS. STAT. ANN. §§ 2401-07.6. This matter is REMANDED to the Franklin County Court of Common Pleas.7. The Clerk of Court is directed to CLOSE this case. Signed by Chief Judge Christopher C. Conner on 9/19/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CBM MINISTRIES OF SOUTH
CENTRAL PENNSYLVANIA,
Plaintiff
v.
LESLIE S. RICHARDS, in her
official capacity as Secretary of
the Pennsylvania Department of
Transportation, and COLONEL
TYREE C. BLOCKER, in his official
capacity as Commissioner of the
Pennsylvania State Police,
Defendants

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CIVIL ACTION NO. 15-CV-2147
(Chief Judge Conner)

ORDER & PARTIAL JUDGMENT
AND NOW, this 19th day of September, 2017, upon consideration of the
pending cross-motions (Docs. 45, 49) for summary judgment, and for the reasons set
forth in the accompanying memorandum, it is hereby ORDERED that:
1.

Defendants’ motion (Doc. 45) for summary judgment is GRANTED as
to plaintiff’s constitutional claims at Counts III and IV and is otherwise
DENIED.

2.

Plaintiff’s motion (Doc. 49) for summary judgment is DENIED.

3.

Judgment is ENTERED in favor of defendants in accordance with
paragraph 1 above.

4.

Plaintiff’s claim for declaratory judgment under the federal
Declaratory Judgment Act, 28 U.S.C. § 2201, is DISMISSED without
prejudice to plaintiff’s right to reframe and reinstate the claim under
the Pennsylvania Declaratory Judgments Act, 42 CONS. STAT. § 7531
et seq.

5.

The court declines to exercise supplemental jurisdiction over plaintiff’s
remaining claim under Pennsylvania’s Religious Freedom Protection
Act, 71 PA. STAT. AND CONS. STAT. ANN. §§ 2401-07.

6.

This matter is REMANDED to the Franklin County Court of Common
Pleas.

7.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania